Binder Balwinder v. Eric Holder, Jr.

Good Law
536 F. App'x 760
United States Court of Appeals for the Ninth CircuitAugust 5, 201309-70448California340 words

Opinion

Opinion

MEMORANDUM

Binder Balwinder, a native and citizen of India currently residing in California, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the determination of an Immigration Judge (“IJ”) that he is not entitled to asylum, withholding of removal, or relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

We review the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard, treating them as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B). We “must deny [Balwinder’s] petition unless [he] has presented evidence so compelling that no reasonable factfinder could find that he was not credible.” Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (internal quotation marks omitted).

The IJ and BIA articulated several specific and cogent reasons for disbelieving Balwinder. Given the contradictions, evasion and unresponsive answers in Bal-winder’s testimony, substantial evidence supports the BIA’s determination that Balwinder’s…

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